IN RE: COUNTY OF ORLEANS (2016)

Supreme Court, Appellate Division, Fourth Department.

IN RE: COUNTY OF ORLEANS, PETITIONER- PLAINTIFF–RESPONDENT, v.
NIRA R. SHAH, M.D., M.P.H., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, AND NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS–DEFENDANTS–APPELLANTS. v.

CA 14–02022

Decided: November 10, 2016

PRESENT: SMITH, J.P., CARNI, LINDLEY, AND DEJOSEPH, JJ.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS–DEFENDANTS–APPELLANTS. WHITEMAN OSTERMAN & HANNA LLP, ALBANY (CHRISTOPHER E. BUCKEY OF COUNSEL), AND NANCY ROSE STORMER, P.C., UTICA, FOR PETITIONER–PLAINTIFF–RESPONDENT.

ORDER

It is hereby ORDERED that the judgment insofar as appealed from is unanimously reversed on the law without costs, the petition-complaint is denied in its entirety, and judgment is granted in favor of respondents-defendants as follows:

It is ADJUDGED AND DECLARED that section 61 of part D of section 1 of chapter 56 of the Laws of 2012 has not been shown to be unconstitutional (see Matter of County of Chemung v Shah, _ NY3d _ [Oct. 27, 2016] ).

Frances E. Cafarell

Clerk of the Court

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